Family Law

Franchising

Buying a Franchise is a bit like getting married.

You are making a long term commitment to a relationship with someone you hope you can trust and could lose a lot if it doesn’t work out.

Franchise Law & Agreements

Franchising in Australia is regulated bu the Franchising Code of Conduct but the Franchise Agreement is still key to the parties’ rights and obligations.

When buying a new or established Franchise business it is essential that you obtain independent legal advice. This is particularly so as in most cases the Franchise Agreement and any marketing material contain significant disclaimers and no reliance clauses that affect your ability to rely on anything you have been told by the Franchisor.

Operations Manuals & Disclosure Statements

Generally a Franchise Agreement will require you to carry on the business in accordance with an Operations Manual.

This is a confidential procedures manual that you won’t be provided with until you have signed a Franchise Agreement and usually have paid a substantial Franchise Fee. Whilst some insights into the success of the Franchise can be gained from a Franchise Disclosure Statement it is essential that prospective Franchisees speak to other existing or former Franchisees about the real financial and personal commitment required to operate the Franchise business successfully and the level of support that can be expected from the Franchisor.

Franchise Disputes

Failing to get legal advice and/or to undertake proper due diligence can lead to the Franchisee concluding that they haven’t received what they bargained for.

In most cases, this will result in the Franchisee accepting that they have suffered loss or finding themselves in a dispute and typically legal seeking advice in relation to misleading and deceptive conduct under The Australian Consumer Law.

Franchisees & Franchisors

Whether you are a Franchisee or Franchisor, to operate a successful business and avoid disputes you need:

a clear and comprehensive Franchise Agreement,

to understand what’s involved in operating a Franchised business day-to-day, and

an experienced Franchise Lawyer to advise you initially and to remain on hand throughout the Franchise relationship.

Call now to speak to an experienced Franchise Lawyer

1300 553 343

Don’t rush in.

Bad franchise decisions can cost much more than just an initial Franchise Fee.

Sam Roberts

Practical and timely Franchise advice

Whether you are buying a Franchise or Franchising your business model, we will help you make effective Agreements and avoid costly mistakes and expensive litigation.

Our Franchise Lawyers provide local Franchising expertise and typically maintain an on call advisory role for clients throughout their franchise relationship.

New Franchisees & Franchisors

Before buying a franchise or franchising your business it is important that you fully investigate and understand your rights and obligations and the nature of the relationship that exists between Franchisors and Franchisees.

We work closely with our clients to help them assess and appreciate the practical aspects of owning and operating a franchise business.

For people who have a successful business and are interested in expanding by granting Franchises of their business, obtaining practical advice about what is involved in the day to day operation of Franchisor business is essential from the outset. From a Franchisor’s perspective, a Franchise relationship is not unlike having a child. Once you have […]

Buying a Franchise is a bit like getting married. You are making a long term legal commitment to another party who you hopefully know and can trust. The failure of the marriage can have significant financial implications. However, unlike a marriage, where around 50% of your assets are at risk if it breaks down, you […]

Over the years I have advised both Franchisors and Franchisees in relation to Franchise Agreements and Franchising issues generally and have also acted in relation to numerous disputes on behalf of Franchisees. You may be surprised by these are some real life examples of what I have seen happen: A Franchisor induced a Franchisee to […]

Key Practice Contact

Sam Roberts

Testimonials

As a direct result of Samuel’s advice and negotiating skills my businesses have performed at a higher than expected level.

“I have undertaken 3 separate franchise ventures and on each occasion I asked Samuel Roberts to provide his expert legal opinion and advice regarding the franchise documentation, the business being conducted and various leasing arrangements and finance options.

Samuel displayed a great depth of knowledge in all of these areas and has been instrumental in securing favourable agreements in negotiations with both franchisors and landlords.

As a direct result of Samuel’s advice and negotiating skills my businesses have performed at a higher than expected level.

Samuel also maintains a high level of communication which has been of particular benefit to me and I would have absolutely no reservation in recommending the services of Roberts Legal to anyone considering entering into any form of Franchise operation”

Darren MacClure, Director,
Dazmak Pty Limited

We have already recommended Roberts Legal to other Franchisees with respect to their thoroughness and handling of our franchise renewal.

“We used Roberts Legal for advice in relation to the renewal of our Franchise Agreement. In the past our renewals have been daunting. The service was excellent. We were very confident in their ability to handle our matters. We have already recommended Roberts Legal to other Franchisees with respect to their thoroughness and handling of our franchise renewal.”

Allan & Lorraine Beeby, Donut King Glendale

I was very happy with the advice regarding insolvency issues for my company and options for my wife and I in relation to bankruptcy and alternatives.

“I was referred to Sam Roberts for advice due to the dire financial situation my wife and I found ourselves in as a result of the failure of our business and pressure from our Franchisor. I was very happy with the advice regarding insolvency issues for my company and options for my wife and I in relation to bankruptcy and alternatives. Sam was very professional and his advice was practical, clear and easy to understand. I was absolutely satisfied with the level of service and communication.”

Anonymous

Don’t rush in.

Bad franchise decisions can cost much more than just an initial Franchise Fee.